Many of us in our daily activities see situations that under the right circumstances could become a situation where we would have to make a choice about our safety. Let’s be perfectly clear about these incidents. There are two buckets of force in life. Deadly Force vs Non-Deadly Force. When you are involved in an incident you must decide within a split second if your life is in danger (deadly force) or if there is some less than lethal alternative (non-deadly force) that is more appropriate for the situation. When you are attacked in any situation that is less than deadly force you are only allowed to reach into the non-deadly force bucket to solve the problem this is called proportionality. Going to your gun in these situations is not appropriate and can get you arrested and in a situation where you are facing charges. Non-deadly force options are limited to some extent by your physical ability to handle an individual with your bare hands. You also have the option to retreat (run away) which is always good if it can be accomplished safely under the circumstances. Remember that when you are in a vehicle driving away is always the best option. Many times people freeze and they fail to see the options available. Practice visualizing these situations and while driving always be aware of how close you are to other vehicles especially while waiting at a light or other traffic control situations. You should always be able to see the rear wheels on the vehicle in front of you, so you have room to maneuver around that vehicle if you have to. OC/Pepper Spray is also a good idea and is considered a non-deadly force option. These sprays give you the advantage of time to make a good decision without having to use deadly force. Some communities in the front range have local ordinances prohibiting certain size containers of these sprays. Colorado Springs has a 1.5 oz limit to be legal. Pueblo has no limit. I noticed in the Pueblo paper today that people are not being arrested anymore if they have not committed a felony. (Catch and Release) sound familiar? This is because they claim they have no room in the jail facilities for non-felony offenders. It is your job to have the toolsyou need to keep yourself and your family safe. Be very aware that the display of a gun or threatening to use a gun can have consequences you may not like. In Colorado, we are not allowed to use deadly force to protect property. They will find room for you and me in the crowded jail if we use our deadly force tools improperly. Remember you must have a reasonably articulable fear of death or serious grave bodily injury to use deadly force. That means you must be able to tell a story that to a reasonable person would sound like your life was in danger of death or serious bodily injury. It can not be an irrational fear. Remember Ability, Opportunity, and Jeopardy. Do they have the ability to harm you (a tool, overwhelming strength or size)? Do they have the opportunity this is usually a matter of time and distance (are they close enough to harm you with that tool)? Jeopardy (do they intend to harm you)? If you are a nervous Sally and everybody scares you, maybe you should reconsider carrying a handgun for self-defense. A handgun needs to be a last resort, not the goto tool that you use for every event. Training and familiarity with your firearm can go along way to ease some of your concerns and will give you the confidence you need to make proper decisions. Remember any incident you are involved in should be reported. You always need to be the first one to report the incident on the phone to the police. If you are not the reporting party you could end up being the accused party of the use of unlawful force.

DisclaimerAs always any advice I give on this or any other matter is not legal advice. This information is only for educational purposes and you can not rely on it as LEGAL ADVICE. If you feel you need more information about these and other subjects of this type, I have a list of qualified individuals that you are welcome to have. Do not rely on family attorneys, police officers, or military personnel for this information. It has been found that many of these people have outdated or misleading information about these topics. When in doubt join one of the legal organizations that will take your questions and answer them. I recommend the USCCA (United States Concealed Carry Association).

The use ofDeadly Force in Concealed Carry was only one of the many Legal issues discussed by Patrick Watts, NRA Certified Police Firearms Instructor and member of Pueblo Municipal Shooters. Patrick outdid himself today in his quarterly Law and Legal class hosted by Pueblo Municipal Shooters. Patrick pulls no punches as he spins tales from his Law Enforcement Career and educates his class about the use of deadly force in concealed carry. As he describes in blunt language the kinds of problems a person can have when they carry a concealed weapon and do not know the laws that pertain to the use of deadly force.

Use of Deadly Force in Concealed Carry

under CRS Title 18 Article 1, three things must exist for the use of deadly force

Threat/Jeopardy: You must believe that you or someone else is in imminent danger of death or serious (grave) bodily injury.

Means/Ability: The person making the threat must have the means or ability to carry the threat out at the time you defend yourself.

Opportunity: The threat must be imminent and the person making the threat must have the opportunity to carry it out. (This is usually a function of time and distance)

Deadly force has its responsibilities

Remember in the use of deadly force in concealed carry you are responsible for every bullet that leaves your gun, if it hits a bad guy its a good bullet if it hits an innocent bystander its a bad one and you could be the criminal on the way to Jail.

Several Years forward-May 2018

I continued Patrick’s teachings after his death and have tried to make the public aware of the responsibility of carrying a firearm for self-defense. Patricks Law and Legal classes were very popular while we were giving them and they will be missed by all. Currently, I am teaching self-defense material that no one else in the area is using and I believe it is the best self-defense strategy you can have for carrying a concealed handgun anywhere in the country.

Use of Deadly Force in Concealed Carry is discussed in every class that I offer. Classes are available on your schedule, making it easy to get the education you need to be able to be confident in your ability to defend yourself and your family.